1. Definition
In this Order, the following words are defined as such:
"Profiters International" refers to Profiters International Pte. Ltd., a Company incorporated in Singapore.
"Customer" refers to the person or company, as stated in the Order Form.
"Designated Warehouse" is the warehouse that has been designated by Profiters International in Singapore or/and Bordeaux.
"Goods" refers to wine, spirit, and alcoholic and non-alcoholic beverages as stated in the Purchase Details of the Order Form.
"Joint Account Holder" refers to the person or company who is designated as the joint account holder in the joint account application form.
"Order Form" is the written confirmation of the order as attached.
"Order" refers to the placement of orders for all types of wine, spirit, and alcoholic and non-alcoholic beverages made by the Customer and accepted by Profiters International.
2. Pricing and Payment terms
2.1 The sum set out in the Order Form payable by the customer shall comprise only the cost of the Goods and insurance and storage for the Goods for a 3-year period commencing from the date of arrival, unless otherwise stated. Should there be any withdrawal of any goods by the customer from the warehouse, all other sums such as taxes, levies and duties shall be borne by the Customer.
2.2 Profiters International will designate payment methods for the Goods.
2.3 Profiters International may increase the price of the Order with the written agreement from the Customer at any time before delivery of the Goods, to reflect any increase in the costs due to any factor beyond the control of Profiters International (such as foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of transportation). This also applies to any changes in delivery dates, quantities or specifications for the Order which is requested by the Customer, or any delays caused by any instructions of the Customer or failure of the Customer to give Profiters International adequate information or instructions.
3. Order placements
3.1 Orders are to be placed with an authorized representative of Profiters International.
3.2 An Order Forms is not effective or binding until it is confirmed and accepted in writing by Profiters International to the Customer. Profiters International reserves the right to reject or amend any order.
3.3 Profiters International's employees or agents are not authorized to make any representation as regards the vintage, condition or any other aspect of the Goods unless such representations are confirmed in writing by Profiters International.
3.4 The Customer may cancel Orders within seven (7) days of the acceptance by Profiters International by informing Profiters International in writing. In such case, the Customer is entitled to a full refund of any sum already paid to Profiters International subject to the right of Profiters international to deduct any expenses, already incurred or may be incurred, as a result of the Order and/ or its cancellation. There shall not be a refund of any sum in the case where the cancellation is made after seven (7) days from Profiters International's acceptance of the Order. In all cases, Profiters International shall be indemnified in full against all loss, damage and charges arising from the cancellation.
3.5 A processing fee of $50 will be imposed upon any cancellation of orders.
4. Joint account
4.1 Full details of the joint account holder will be provided by the Customer in the Joint Account Application Form.
4.2 The Customer and the joint account holder shall be jointly liable to Profiters International for all terms and conditions stipulated under this Order.
5. Shipping, Storage and Deliveries
5.1 Unless otherwise stated in the Order Form, all prices given by Profiters International shall include:
5.1.1 Storage of Goods - commencing from early entry for the period of 3 years in a designated warehouse
5.1.2 Insurance - for the total value of the Goods for the period of 3 years
5.1.3 Packing and delivery of Goods - from the country of origin to Singapore to the warehouse designated by Profiters International
5.2 Upon notification that the Goods are ready for collection, the Customer may collect the Goods from the warehouse at any time.
5.3 Should the Customer collect the Goods from the designated warehouse before the storage period expires, there will be no refund of any unused portion of storage, insurance or other costs and expenses provided to the Customer.
5.4 Profiters International shall not be liable for any delays in the delivery of the Goods. Time for delivery shall not be of the essence of the contract unless previously agreed by Profiters International in writing. Upon giving reasonable notice to the Customer, the Goods may be delivered by Profiters International in advance of the delivery date specified.
5.5 If the Customer fails to collect the Goods or fails to give Profiters International adequate delivery instructions at the time stated for delivery, Profiters International may:
5.5.1 Store the Goods until actual delivery and charge the Customer for the reasonable costs of storage (including insurance)
5.5.2 Sell the Goods at the best price in the current market and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Order or charge the Customer for any shortfall below the price under the Order
5.6 Any advice or recommendation given by Profiters International's employees or agents which is not confirmed in writing by Profiters International is followed or acted upon entirely at the Customer's own risk. Profiters International shall not be liable for any such advice or recommendation.
5.7 Shipping
5.7.1 Wines will be shipped in Spring/Summer.
5.7.2 In the event if withdrawal is done before or after our given period, shipment will then be borne by clients.
5.7.3 Goods and Services Tax at the prevailing rates will also be levied on the imported value of the wines brought into Singapore. All price quoted are excluding of duties, permit fees & GST.
6. Withdrawal of Order
6.1 Order withdrawal form must be filled up if a Customer wishes to withdraw the Goods from the warehouse. The Customer must forward the form/letter of authority to Profiters International via fax or email.
6.2 A letter of authorization must be provided if the Customer is not collecting/receiving the Goods in person. Full particulars of the authorized person collecting/receiving the Goods on the Customer's behalf must be provided.
6.3 Profiters International shall inform the Customer of the delivery charges and the Customer shall be required to pay for all the charges incurred when withdrawing the Goods.
6.4 The Customer who establishes an account with Profiters International is automatically authorized to make withdrawal of the Customer's Goods. For joint account holders, either one or both the joint account holders can be authorized to make withdrawal of their Goods.
6.5 The Customer shall give Profiters International at least 24 hours to process the order for withdrawal.
6.6 When collecting the Goods, Customers are required to present the original identification documents upon the delivery/collection of the Goods from the warehouse.
6.7 When an authorized person is collecting the Goods, he is required to present original identification documents of himself along with a photocopy of the identification documents of the Customer.
7. Warranties and risks
7.1 The ownership of the Goods does not pass to the Customer until Profiters International has received full payment.
7.2 Profiters International does not warrant:
7.2.1 The quality, fitness for drinking, use or purpose or freedom from defect or deterioration of the Goods, either at the time of delivery or collection by Customer
7.2.2 The market value or appreciation in value of the Goods
7.2.3 That the Goods comply with any description of the Goods in any marketing materials or packaging or the information on any label or that the Goods comply with any sample
7.3 Profiters International shall not be liable for the loss of Goods or any indirect or consequential loss or damage arising from wastage, spoilage or the deterioration of any Goods. Profiters International is not liable for any decline in the value of any Goods or for the damages arising from or attributable to any cause. Profiters International shall not in any circumstances be liable or obliged to repurchase the Goods or to affect any future sale of the Goods.
8. Force Majeure
8.1 Any delays or failures that was due to reasons beyond Profiters International's reasonable control, Profiters International shall not be held or deemed to be in breach of any obligations where any delay or failure of performance is due to reasons belong Profiters International's reasonable control. The following are regarded as:
8.1.1 Act of God, explosion, flood, fire or accident
8.1.2 War, threat of war, sabotage, insurrection, civil disturbance or requisition
8.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority
8.1.4 Import or export regulations or embargoes
8.1.5 Strikes, lock-outs or other industrial actions or trade disputes (involving employees of Profiters International or a third party)
9. En Primeur Terms & Conditions
9.1 Prices
All En Primeur prices are quoted in Singapore Dollars. Prices are offered lying ex-cellar in Bordeaux.
Prices include shipping and insurance. All prices quoted are subjected to indicated validity periods and are subjected to change without prior notice.
9.2 Minimum Purchases
The total minimum purchase for your entire order must be at least 12 bottles of 750ml bottles which can consists maximum of two different labels.
9.3 Storage
Profiters International will provide storage in Bordeaux for 3 years, upon request and under the following conditions:
9.3.1 Minimum order of S$5,000.00.
9.3.2 Storage by full cases only, i.e. 6 or 12 bottles of 750ml bottles.
9.3.3 Storage is charged at S$3.00 per case of 12 or S$0.25 per 750ml per month
9.3.4 No partial withdrawal of wines is allowed.
9.3.5 9.3.4 All wines must be withdrawn from our Bordeaux cellars after the stated period given, otherwise storage rent will be charged on each case at the prevailing rate.
9.4 Insurance is approximate 1% per annum of the purchase price
9.5 Shipping
9.5.1 Shipping cost is approximate S$15.00 per bottle.
9.5.2 Wines will be shipped 2-3 years after the bottled wines are being released.
9.6 Order Confirmation All En Primeur offers are subjected to remaining unsold and subjected to our written order confirmation.
9.7 Payment
Payment shall be 100% of the total amount payable upon our confirmation of your order. In the event, if the order is not being paid, we will deem that you are not interested in the offer and the order will be cancelled.
10. Special Conditions
10.1 The Client clearly understands that making any order for investment purposes does not withstand any opinion or projection expressed by Profiters International or its authorized representative, agent or such other person connected with Profiters International that no warranty or undertaking and it does not constitutes to Profiters International holding the liability or financial viability of the investment. In this regard, Profiters International does not make any representation of its status as a financial adviser, other than a consultant which provides a venue for interested clients who are interested in purchasing the Goods for the purpose of investment.
10.2 Any form of information or opinions provided by Profiters International or its authorized representative in relations to the availability of the Goods for investment purposes is solely as a guide and not construed as an investment directive for financial gain. The Client understands that all investment risks shall be held solely by him or herself.
10.3 In prevention of any doubt towards Profiters International's price list or price projection, it shall not be read as an expert valuation of the market's value or project market value of the Goods and any reliance being placed on by the Client shall be entirely as the discretion of the Client and at his/her sole risk.
10.4 In the event where Profiters International is unable to fulfill delivery obligation in accordance to the stated or projected date of delivery due to what reason/s, the Client is entitled to invoke his/her rights of cancellation of the order and full refund will be borne by Profiters International without any form of interests, damages whether general, special, direct or indirect.
11. Governing Law and Jurisdiction
The Order and these terms and conditions are governed by and interpreted in accordance with the laws of Singapore. The parties submit themselves to the non- exclusive jurisdiction of the Singapore courts.